Friday, August 27, 2010

Girlfriend can't be called kin, says Bombay HC

Girlfriend can't be called kin, says HC

MUMBAI: With live-in relations being accorded sanctity by law, can a girlfriend be a relative, the Bombay high court wondered on Thursday. The court was hearing an application filed by a woman, Sunita, who had been named in a dowry harassment case. She had been dragged into the case filed by another woman, who claimed that Sunita was her husband's girlfriend and had accused her of cruelty.
A division bench of Justice A M Khanwilkar and Justice U D Salvi, in an interim order, stayed the criminal charges in the case against her till further orders.
Section 498 A of the Indian Penal Code deals with cruelty to a married woman by her husband or his relatives. The cruelty could also be for failing to meet the unlawful demands of property or valuable security. Cruelty could refer to the conduct of a husband or in-laws that is likely to drive a woman to commit suicide or cause grave injury to herself.
Earlier, the Supreme Court, in a landmark order, had said that a girlfriend cannot be treated as a "relative'' in a 498 A case. The apex court had held that a concubine or a mistress cannot be charged under Section 498A. By no stretch of imagination can a girlfriend or even a concubine... be a relative. The word relative brings within its purview a status that can be conferred either by blood or marriage or adoption, the SC bench had remarked.
(Names changed to protect identity

-We are fools expecting Justice from these kind of Judges-HC suspends five judges caught copying during LLM exam

HC suspends five judges caught copying during LLM exam

TNN, Aug 27, 2010, 04.25am IST

HYDERABAD: Five judges belonging to the state subordinate judiciary were suspended by the Andhra Pradesh high court on Wednesday for allegedly copying while writing their LLM exams at the Arts College of Kakatiya University in Warangal.

The incident took place on Tuesday. One of the judges was found copying from a law book hidden under his answersheet. Written slips and pages torn from textbooks were seized from other judges. The copying material was confiscated by university invigilators who stopped the judges from writing any further.

The judges were doing LLM under the distance module from Kakatiya University as the degree would help them get increments.
Those placed under suspension include K Ajitsimha Rao, senior civil judge, Ranga Reddy district, M Kistappa, principal senior civil judge, Anantapur, P Vijayendar Reddy, second additional district judge, Ranga Reddy district, M Srinivasachary, senior civil judge in Bapatla of Guntur district and Hanumantha Rao, additional junior civil judge in Warangal.

According to the university's additional controller of examinations, the candidates were taking exams when a team made a surprise visit.
http://timesofindia.indiatimes.com/india/HC-suspends-five-judges-caught-copying-during-LLM-exam/articleshow/6443036.cms#ixzz0xl9aQ6Te

SC quashes its own judgement in dowry death case

SC quashes its own judgement in dowry death case

New Delhi, Aug 26 (PTI) In a rare departure from convention, the Supreme Court has set aside its own order passed in a dowry death case in 2008 on the ground that the accused husband and mother-in-law were not heard at the time of quashing their remission of sentence in the case.It held that the remission rules of Madhya Pradesh government gave the benefit of remission (reduction in sentence) for the accused as their sentence was only for seven years and not for life imprisonment.A Bench of Justices R V Raveendran and D K Jain set aside the November 11, 2008, judgement of a Bench headed by Justice C K Thakker (since retired) in the review petition filed by the aggrieved mother-in-law Reshma Devi and husband Jolly Singla who were sentenced to seven years RI for the dowry death of the latter's wife Anju Rani. In a review petition which filed after the original appeal is dismissed, the apex court rarely modifies its earlier judgement. In the instant case, the earlier Bench of the apex court had quashed the remission of the two accused on the ground that Madhya Pradesh government's rule did not provide any remission of sentence in serious offences like dowry death case. Aggrieved by the earlier decision, the accused filed a review petition on the ground that they were not made parties in the SLP filed by the deceased's father and that the apex court had erroneously held that they were not entitled to remission for the serious offence of dowry death. Upholding the review petition, the present apex court bench said "there is considerable force in both the contentions. Accused no.2 (mother-in-law) was not a party to the appeal before this court. But while disposing of the appeal, this Court directed that if she had been granted the benefit under the government Order dated 14.8.2002, she also has to surrender to custody till the period of seven years is over. "Obviously as accused no.2 was not a party and as she was not heard, no observation could have been made in the judgment of this Court nor any direction could have been given to her detriment, that too in regard to a matter which was not the subject matter of the appeal," the apex court said. Interpreting the state's remission rules, the present apex court bench further said the convicts were entitled to the benefit of remission as they were sentenced only for seven years. It pointed out that the remission benefits would not have been applicable to them if they were to serve a life sentence.

http://ibnlive.in.com/generalnewsfeed/news/sc-quashes-its-own-judgement-in-dowry-death-case/265362.html

STAFF WRITER 20:49 HRS IST

New Delhi, Aug 26 (PTI) In a rare departure from convention, the Supreme Court has set aside its own order passed in a dowry death case in 2008 on the ground that the accused husband and mother-in-law were not heard at the time of quashing their remission of sentence in the case.
It held that the remission rules of Madhya Pradesh government gave the benefit of remission (reduction in sentence) for the accused as their sentence was only for seven years and not for life imprisonment.
A Bench of Justices R V Raveendran and D K Jain set aside the November 11, 2008, judgement of a Bench headed by Justice C K Thakker (since retired) in the review petition filed by the aggrieved mother-in-law Reshma Devi and husband Jolly Singla who were sentenced to seven years RI for the dowry death of the latter's wife Anju Rani.

 

http://www.ptinews.com/news/904586_SC-quashes-its-own-judgement-in-dowry-death-case

The New SYMBOL and CURRENCY of MALE HATRED - MANDRIES

 

The New SYMBOL and CURRENCY of MALE HATRED - MANDRIES